By: Hegar S.B. No. 2006
A BILL TO BE ENTITLED
AN ACT
relating to the matters to be taken into consideration by a
groundwater conservation district in determining whether to grant
or deny a permit or permit amendment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.113, Water Code, is amended by
amending Subsection (d) and adding Subsection (j) to read as
follows:
(d) Before granting or denying a permit or permit amendment,
the district shall consider whether:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fees;
(2) the proposed use of water unreasonably affects
existing groundwater and surface water resources or existing permit
holders;
(3) the proposed use of water is a [dedicated to any]
beneficial use;
(4) the proposed use of water is consistent with the
district's approved [certified] water management plan;
(5) if the well will be located in the Hill Country
Priority Groundwater Management Area, the proposed use of water
from the well is wholly or partly to provide water to a pond, lake,
or reservoir to enhance the appearance of the landscape;
(6) the applicant has agreed to avoid waste and
achieve water conservation; and
(7) the applicant has agreed that reasonable diligence
will be used to protect groundwater quality and that the applicant
will follow well plugging guidelines at the time of well closure.
(j) In issuing a permit or permit amendment, a district
operating under an adopted limit on available or managed available
groundwater may consider whether the water supply needs as
determined in the most recent regional water plan can be met.
SECTION 2. The change in law made by this Act applies only
to a permit or permit amendment issued by a groundwater
conservation district on or after the effective date of this Act. A
permit or permit amendment issued before the effective date of this
Act is governed by the law in effect on the date the permit or permit
amendment is issued, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.